Angad Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36440 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Angad Choudhary Son of Sri Ghuran Choudhary, R/o Village- Rup Narayan Karnouti, P.S.- Mahnar, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 04.03.2017 in connection with Mahnar P.S. Case No. 09 of 2017 for offences punishable under Sections 304 (B) and 201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter Krishna Kumari was married to the petitioner six years ago and due to non-fulfillment of demand of dowry, she was tortured and killed by the husband (petitioner) and in-laws.

It has been submitted by the learned counsel for the petitioner that he is innocent and being husband of the deceased, he has falsely been implicated. He further submits that the petitioner was living in Ludhiyana (Punjab) and has brought his wife (deceased) back to the village but because of certain circumstances she could not be taken and that is why after having altercation between the two she consumed poison. It is submitted that the

Patna High Court Cr.Misc. No.36440 of 2017 (4) dt.10-10-2017 2/2 deceased also suffered from diarrhea and was advised to bed rest and later on referred to P.M.C.H. for specialized treatment. However, learned APP for the State opposes the prayer for bail stating therein that the victim wife of the petitioner had been killed by the petitioner and in-laws and her dead body was disposed as there is no postmortem report. Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner at this stage.

However, he may renew the prayer for bail after framing of charge.

(Nilu Agrawal, J) khushbu/- U T